Action on the Case for Cattle Driven Over a Precipice

Notes

1. §47.2.51.prpraecipitata sint — This assumes a case where the cattle plunge down a cliff as a consequence of the act mentioned in the previous section (D. 47.2.50.4), such as being frightened with a red rag. Since the damage is not caused by the wrongdoer's direct physical contact (corpore corpori), it gives rise to an analogous action (actio utilis) rather than the direct action under the Lex Aquilia.
2. §47.2.51.prutilis actio damni iniuriae quasi ex lege Aquilia — An analogous action (actio utilis) is a remedy granted by the praetor by extending the scope of a statute (here, the Lex Aquilia) to situations not covered by its literal terms, such as damage caused indirectly. The phrase "quasi ex lege Aquilia" (as if under the Aquilian law) reflects this fictional extension.